A stipulation of discontinuance without prejudice is a legal agreement reached between parties involved in a lawsuit or legal dispute, wherein they mutually agree to end the legal proceedings without any adverse consequences. This type of stipulation allows the plaintiff to dismiss their claims against the defendant without abandoning their rights to bring the same claims again in the future. Keywords: stipulation of discontinuance without prejudice, legal agreement, lawsuit, legal dispute, parties, mutually agree, end legal proceedings, adverse consequences, plaintiff, dismiss claims, defendant, abandoning rights. Different types of Stipulation of discontinuance without prejudice: 1. Voluntary Stipulation of Discontinuance without Prejudice: This occurs when both parties willingly come to an agreement to dismiss the case without any adverse effects and without prejudice, allowing the plaintiff to have the option of initiating legal action again in the future. 2. Court-Approved Stipulation of Discontinuance without Prejudice: In some cases, parties may need the court's approval to dismiss a lawsuit without prejudice. This can happen when certain legal requirements or procedures need to be followed for a stipulation to be valid. 3. Conditional Stipulation of Discontinuance without Prejudice: This type of stipulation sets certain conditions or terms that need to be fulfilled by one or both parties for the dismissal without prejudice to take effect. It ensures that the agreement is honored by both parties before discontinuing the legal proceedings. 4. Stipulation of Discontinuance without Prejudice Pursuant to Settlement: When parties involved in a lawsuit wish to settle their dispute outside a court trial, they can enter into a stipulation of discontinuance without prejudice to formalize the agreement. This allows the claims to be dismissed without impacting the parties' rights to potentially reopen the case if the terms of the settlement are not met. 5. Stipulation of Discontinuance without Prejudice at Plaintiff's Request: In some cases, the plaintiff may request a stipulation of discontinuance without prejudice, allowing them to voluntarily withdraw their claims against the defendant without losing the right to refile the lawsuit at a later date. Overall, a stipulation of discontinuance without prejudice is a legal tool that enables parties to terminate legal proceedings while ensuring their rights to refile the case in the future if necessary. It provides a flexible and cooperative approach to resolving disputes while preserving the parties' legal options.
Stipulation Of Discontinuance Without Prejudice
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FAQ
The stipulation of discontinuance is signed by the plaintiff stating the case is now over, and the defense also signs it before filing it with the court.
Lawyers call it a ?stip.? The stip gets filed with the Court to complete the case. If the case is settled by a loan modification, there will be a stip of discontinuation. The borrower/homeowner will want the stip to be ?with prejudice? which means that the lender cannot sue again based on the same loan default.
In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance.
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
This document must then be signed by all the attorneys in the case which confirms that the case has been ended voluntarily. In New York, this document must be filed in court together with a filing fee. It officially lets the court know that the case is over and they can close the court file.
